Arizona Supreme Court

In Re O'Connor's Estate

July 14, 195274 Ariz. 248

Summary

The court reversed the judgment invalidating Emma O'Connor's will, holding that the evidence did not establish testamentary incapacity or undue influence because her longstanding intention to leave the property to Kelsey was consistent with the will and she understood the nature and consequences of the act when she signed it. The court also held that the trial court lacked authority to appoint a general administrator while the will contest remained pending on appeal. It directed that the administrator's letters be vacated and that the will be admitted to probate.